Kansas Court Case: In re J.H.

LEXSEE 962 P2d 1127

In the Interest of J.H., S.V.H., L.L.H., R.H., C.G.H., D.G., and M.A.G. 

No. 80,324 

COURT OF APPEALS OF KANSAS 

25 Kan. App. 2d 372; 962 P.2d 1127; 1998 Kan. App. LEXIS 86 

August 7, 1998, Opinion Filed 

PRIOR HISTORY:
[***1] 
Appeal from Finney District Court; MICHAEL L. QUINT, judge. 

DISPOSITION:
Affirmed in part and reversed in part. 

COUNSEL:
Tamara S. Hicks, assistant county attorney, John P. Wheeler, Jr., county attorney, and Carla J. Stovall, attorney general, for the appellant.

Ricklin R. Pierce, of Ricklin R. Pierce, Chartered, of Garden City, for the appellee natural father.

Richard Hodson, of Garden City, for the cross-appellant natural mother. 

JUDGES:
Before ELLIOTT, P.J., PIERRON and MARQUARDT, JJ. 

OPINIONBY:
PIERRON 

OPINION:

[*373] 
[**1129] PIERRON: The State appeals the district court's denial of its motion to terminate the parental rights of R.H., the natural father of J.H., [**1130] S.V.H., L.L.H., R.H., C.G.H., and D.G. The State argues the court erred in finding that R.H. was not an unfit parent. Additionally, D.H., the natural mother of all the children listed above and M.A.G., cross-appeals the termination of her parental rights. She argues the State failed to provide her with proper notice of the termination proceedings. The father of M.A.G. is unknown, and no party has come forward to appeal the termination of his parental rights.
Due to the nature of this appeal, a detailed statement of the underlying facts is necessary.
On August 1, 1994, police officers discovered [***3] D.H., R.H., and seven children living out of a station wagon near a local park. The car was cluttered with clothes, toys, trash, and food. D.H. told the officers they had been living out of the car for approximately 4 days. The children were taken into protective custody, and the Kansas Department of Social and Rehabilitation Services (SRS) initiated child in need of care proceedings. The family had been evicted from a house in Garden City because of unsanitary conditions, including maggots on the cabinets and a dead dog in a stack of dirty laundry. In removing the children from the parents' custody, the court ordered D.H. and R.H. to obtain suitable housing.

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